Page 42 - NYSAPLS 2026 Conference Journal

NYS EDUCATION LAW

b. Licensed professionals shall be exempt from the mandatory 3. The department, in its discretion, may issue a conditional registration
continuing education requirement for the triennial registration to a licensee who fails to meet the continuing education requirements
period during which they are first licensed. In accordance with established in subdivision two of this section but who agrees to
the intent of this section, adjustment to the mandatory continuing make up any deficiencies and complete any additional education
education requirement may be granted by the department which the department may require. The fee for such a conditional
for reasons of health certified by an appropriate health care registration shall be the same as, and in addition to, the fee for the
professional, for extended active duty with the armed forces of the triennial registration. The duration of such conditional registration
United States, or for other good cause acceptable to the department shall be determined by the department but shall not exceed one year.
which may prevent compliance. Any licensee who is notified of the denial of registration for failure to
c. A licensed professional not engaged in practice as determined by submit evidence, satisfactory to the department, of required continuing
the department shall be exempt from the mandatory continuing education and who practices a licensed profession without such
education requirement upon the filing of a statement with the registration, may be subject to disciplinary proceedings pursuant to
department declaring such status. Any licensee who returns to the section sixty-five hundred ten of this title.
practice of his or her profession during the triennial registration
period shall notify the department prior to reentering the profession 4. As used in subdivision two of this section, “acceptable continuing
and shall meet such mandatory education requirements as shall be education” shall mean courses of learning and educational activities
prescribed by regulations of the commissioner. in architecture, engineering, interior design, land surveying, landscape
d. Professional engineers directly employed on a full time basis architecture and geology that may contribute to professional practice
by the state of New York, its agencies, public authorities, public in professional engineering, land surveying and/or geology and which
benefit corporations or local governmental units prior to January meet the standards prescribed by regulations of the commissioner.
first, two thousand four and who are represented by a collective Completing courses of learning and educational activities that fall within
bargaining unit or who are designated managerial or confidential the scope of practice of another licensed profession does not authorize
pursuant to article fourteen of the civil service law, at all times the licensed professional engineer, licensed land surveyor or licensed
when so employed shall be deemed to have satisfied the continuing professional geologist to lawfully practice a profession that they are not
education requirements of this section, provided however that any authorized to practice as defined in sections seventy-two hundred one,
such licensees who thereafter leave such employment and enter the seventy-two hundred three and seventy-two hundred four of this title.
practice of professional engineering in other capacities in New York, The department may, in its discretion and as needed to contribute to the
or otherwise engage in such practice, shall satisfy the requirements health and welfare of the public, require the completion of continuing
of this section in such manner as shall be prescribed by regulations education courses in specific subjects.
of the commissioner. 5. Licensed professionals shall maintain adequate documentation of
e. Professional geologists directly employed on a full-time basis by completion of acceptable continuing education and educational activities
the state of New York, its agencies, public authorities, public benefit
corporations or local governmental units prior to January first, two and shall provide such documentation at the request of the department.
thousand twenty-two and who are represented by a collective 6. The mandatory continuing education fee shall be forty-five dollars, shall
bargaining unit or who are designated managerial or confidential be payable on or before the first day of each triennial registration period,
pursuant to article fourteen of the civil service law, at all times and shall be paid in addition to the triennial registration fees required
when so employed shall be deemed to have satisfied the continuing by sections seventy-two hundred six, seventy-two hundred six-a, and
education requirements of this section, provided however that any seventy-two hundred six-b of this article.
such licensees who thereafter leave such employment and enter the
practice of professional geology in other capacities in New York, or
otherwise engage in such practice, shall satisfy the requirements of
this section in such manner as shall be prescribed by regulations of
the commissioner.
2. During each triennial registration period an applicant for registration as
a professional engineer and/or a professional geologist shall complete
a minimum of thirty-six hours of acceptable continuing education
and an applicant for registration as a land surveyor shall complete a
minimum of twenty-four hours of acceptable continuing education as
specified in subdivision four of this section. Any professional geologist
whose first registration date following the effective date of the chapter
of the laws of two thousand twenty which amended this section
occurs less than three years from such effective date, but on or after
January first, two thousand twenty-three, shall complete continuing
education hours on a prorated basis at the rate of one hour per month
for the period beginning January first, two thousand twenty-two up to
the first registration date thereafter. A licensee who has not satisfied
the mandatory continuing education requirements shall not be issued
a triennial registration certificate by the department and shall not
practice unless and until a conditional registration certificate is issued
as provided for in subdivision three of this section. With the exception
of continuing education hours taken during the registration period
immediately preceding the effective date of this section, no more than
six continuing education hours taken during one triennium may be
transferred to a subsequent triennium.
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